Injured in a Slip and Fall in Melbourne, Bendigo or Elsewhere in VIC? You May Be Entitled to Compensation
Slips and falls in supermarkets and other public locations happen all too often. People frequently suffer catastrophic, life-altering injuries in these incidents. Our slip and fall injury lawyers can help you pursue maximum compensation if you slipped, tripped or fell through no fault of your own.
In the immediate aftermath of a slip and fall accident, shock and adrenaline can make it hard to remember what to do next. Arnold Dallas McPherson Injury Lawyers (ADM) are here to help you understand your rights and get started on your claim.
ADM has more than 30 years’ experience with public liability claims. We understand the importance of gathering evidence immediately, as well as providing you with sound legal advice in terms you can understand. We want you to feel well-represented legally, as well as supported and heard in the difficult aftermath of a slip and fall accident.
Slip and Fall Injury FAQs
There are a few things you should do if you slip in the supermarket. First, you should notify the manager or ownership about the incident. Second, you should take photos of the hazard that made you slip and obtain the details of any nearby witnesses. Third, you need to seek medical attention; this step should take precedence if you are seriously injured.
Finally, you should consult a lawyer about your situation as soon as possible. ADM offers approachable expertise, and we accept enquiries 24/7.
Yes, you have the right to bring a slip and fall claim against the supermarket. Victorian law establishes that a duty of care is owed by the occupier of business premises to do what is reasonably necessary to prevent harm to visitors (see Wrongs Act 1958 (Vic) S. 14B). If you are injured in a supermarket, you may have a right to seek compensation on this basis.
However, it is important to understand that such claims are not based only on the fact that an accident occurred. To recover compensation for a fall in a supermarket, you must show that the supermarket was negligent in some way.
In summary, your right to compensation will depend on:
- Whether your injury was a result of any negligence on the part of the supermarket
- Whether the supermarket did all that was reasonable to prevent the likelihood of your injury occurring
- Any public liability insurance cover that the supermarket has in place
- The extent of your injuries and the progress of your recovery
- Whether you contributed to your injury in any way
You may be able to ‘sue’ the supermarket (or, in other words, pursue a common law action for damages) depending on the factors set out above. Pursuing such a claim would usually occur much later in the claim process, once your injury is deemed to be ‘stable’.
Injuries typically stabilise approximately 12 months after the accident. However, this can vary depending on the nature of your injury.
Damages for pain and suffering compensate you for the non-financial losses you suffer as a result of an injury. Compensation is calculated by taking into account a range of factors, including matters such as how the accident has impacted:
- Your engagement with your hobbies
- Your ability to care for your children
- Your domestic capacity
- Your relationships with family and friends
- Your mood
In order to be able to claim damages for your pain and suffering, you must be assessed as having a ‘significant injury’.
Common law actions for injuries that occur in a public place, such as a supermarket, are subject to the strict statutory limitation of three years from the date of injury to commence legal proceedings. Slip and fall lawyers at ADM can help if you have been injured in a public place.
When you seek legal advice, your lawyer will guide you as to the evidence that will be needed in your specific circumstances.
The usual materials required for a favourable outcome include:
- Evidence of lost earnings
- Photographs of the slip and fall accident scene
- Witness statements from anyone who observed the accident
- Statements from friends and family who can attest to how the accident has impacted your life
- Medical evidence outlining the extent of injuries
Preparing a strong claim involves knowledgeable investigation and communicating with expert professionals. A slip and fall injury lawyer can assist you in obtaining medical records and other complex information.
Compelling evidence is critical for winning any slip and fall accident claim. You need to prove someone at the supermarket was negligent, that their negligence caused your injuries and that you have suffered damages. Additional evidence is required if you are seeking compensation for non-economic loss.
Ultimately, to ensure the best chance of success, you should seek advice from a public liability lawyer. Our team will help you to collect the appropriate evidence and represent you every step of the way.
If you were working at the time you were injured, you should consider lodging a WorkCover claim. WorkCover provides payments for lost wages and pays for medical expenses if you are injured on the job. You may also be able to sue your employer for common law damages if negligence was a factor. ADM can help you calculate WorkCover common law compensation and pursue the maximum you are due.
You will not necessarily need to go to Court to pursue a slip-and-fall claim. In fact, most cases settle outside of Court by way of settlement negotiations or alternative dispute resolution processes such as mediation.
Your lawyer will represent you and engage in negotiations throughout this process. However, if it becomes necessary to go to Court, ADM can handle the preparations and legal proceedings on your behalf.
Slip and fall injury claims can be impacted by an array of factors, both concerning the severity of your injury and the extent of the negligence on the part of the Defendant.
The most common reasons for a claim being unsuccessful include:
- Contributory negligence on the part of the claimant; that is, if the person trying to claim compensation was partially responsible for the injury themselves
- Lack of evidence
- Lack of negligence on the part of the Defendant
- The injury being unstable at the time of the claim
- The injury not being severe enough to give rise to an entitlement to compensation
At ADM, we provide an honest assessment of your claim from the beginning. Our knowledge of public liability matters enables us to identify potential vulnerabilities in your case and advise you on ways to strengthen it.
The process for filing a public liability claim may vary from case to case. Usually, we will gather evidence and submit a demand to the Defendant’s public liability insurer. The insurer may be open to negotiating a settlement, or they may deny liability.
If a settlement is not reached, we will bring a claim against the Defendant under the Wrongs Act. You will likely need to undergo one or more medical assessments to establish the severity of your injuries. From there, the matter will likely proceed to an informal settlement conference or we may need to initiate Court proceedings.
When it comes to preventing injury, businesses are subject to the law governing claims for negligence. They owe a ‘duty of care’ to people who lawfully visit their premises. In short, this means that they must take measures to prevent foreseeable injuries.
What measures are considered reasonable can vary significantly from case to case, but often include:
- Warning signs where there could be a risk of tripping or slipping
- Ensuring walkways are well-lit
- Cleaning up spills
- Closing off walkways that are unsafe
- Keeping flooring/steps in a state of reasonable repair
Depending on the premises or business, other guidelines may be applicable. If they haven’t been complied with, this can contribute to a finding that negligence led to your injuries and damages.
Yes, a number of slip and fall injury claims have been resolved successfully. ADM has obtained compensation for numerous clients in these matters. Notable examples of slip and fall claims in Australian legal history include:
Strong v Woolworths
One of the most famous examples of a successful slip and fall claim is Strong v Woolworths. In this case, the claimant was walking with the aid of crutches and slipped on a greasy chip that was on the ground at a Woolworths Supermarket.
See a summary of the judgement from the High Court of Australia.
Buljat v Coles Supermarkets
A more recent decision is Buljat, where the Plaintiff was injured after slipping on a grape in Coles. The Plaintiff was successful on appeal, where the Court ruled that Coles should have been cleaning the area more frequently.
Read a summary of the Court of Appeal’s decision.
When you contact Arnold Dallas McPherson Injury Lawyers, you will be transferred to a member of our new client intake team. They will ask you some questions about the nature of your injury and how it happened, as well as collect some contact details. This will then be sent to the Partners of our firm to review and determine whether we can assist.
If you are taken on as a client, your matter will be allocated to a lawyer who will get in touch with you and organise an appointment. ADM provides direct access to expert lawyers. You will be able to reach out and ask questions, and you will receive answers from your slip and fall injury lawyer — not a rotating team of assistants.
You don’t just need legal counsel if you have been injured; you need someone you can trust. ADM strives to put your mind at ease, delivering expert legal guidance with quiet confidence.
Slip and fall accident solicitors at ADM listen, explain things clearly and treat you like an individual. Individualised service is vital for securing a favourable result. We handle all aspects of your claim, including:
- Preparing a strong case on your behalf
- Identifying any and all defendants
- Assessing the available insurance cover
- Gathering evidence, witness statements and expert testimony to maximise your compensation
- Submitting a demand for compensation to the appropriate parties and entering negotiations
- Discussing slip and fall injury settlement offers based on your needs, your injuries and other unique considerations
- Preparing Court filings, if necessary
Many personal injury firms in Victoria are overly corporate. They throw around a lot of legal jargon and keep clients at arm’s length. At ADM, we believe genuine connection with clients is just as important as providing the highest standard of legal service.
Slipping and falling may seem like an inconvenience or even be embarrassing in the moment, but it can irrevocably alter your life. These accidents can lead to serious injuries and substantial damages. If you or someone you love was hurt due to negligence on the premises, our slip and fall injury lawyers can fight for fair compensation on your behalf.
Call ADM at 1800 242 588 today for a FREE consultation with a slip and fall accident lawyer. We are a statewide firm serving clients in Melbourne, Bendigo and many additional communities.
Common Places Where Slip and Fall Accidents Occur
A slip and fall accident can happen in any number of public places. To recover compensation, you need to prove that you were injured due to the negligence of the owner or occupier (i.e., the party in control of the premises).
Some of the most common locations in Victoria where slips and falls are reported include:
- Coles, Woolworths, Aldi, IGA and other supermarkets
- Shopping centres such as Westfield
- Hospitals and healthcare facilities
- Cafes, restaurants and bars
- Fast food chains (e.g., McDonald’s, Hungry Jack’s, KFC, etc.)
- Hotels, motels and vacation rentals
- Sport and recreation facilities including gyms, pools and water parks
- On airlines and cruise ships (in some instances)
- Public buildings and office buildings
- Rental properties (apartment buildings, condominiums, rental homes, etc.)
We often receive enquiries from people who slipped and fell inside a Woolworths, Coles or other supermarkets. Supermarkets in Australia owe their patrons and employees a duty of care. You can bring a claim if they fail to take reasonable steps to prevent injury on the premises.
Slip and fall claims also commonly originate from incidents on properties controlled by local councils. These include public footpaths and walkways, public swimming pools, parks, leisure centres and more. You may be able to make a claim if the local council failed to address a slipping or tripping hazard.
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What Causes Slip and Fall Accidents?
People on a property might slip and fall or trip and fall for a number of different reasons. Many property owners take precautions to help prevent accidents, whilst others do the bare minimum (or less) to keep visitors safe. Exercising caution is a must when walking around in public, but you shouldn’t have to worry that you may drop to the ground with your next step.
Hazards that can contribute to slip and fall injuries include:
- Failure to promptly clean up spills and objects in walkways
- Not posting signs to warn of slipping and tripping hazards
- Careless cleaning practices (i.e., failure to mop up liquids, not posting a WET FLOOR sign, etc.)
- Lack of non-slip mats in high-traffic areas
- Improper lighting of corridors, footpaths, stairwells, etc.
- Uneven walking surfaces, especially on steps and stairs
- Loose carpeting and travelling rugs or floormats
- Poor maintenance of potholes and cracked pavements
- Inadequate inspection of the premises
Liability for a slip and fall accident often comes down to ‘foreseeability’. That is, could the occupier have foreseen the harm that a hazard might cause and fail to take the necessary precautions. It can be a complicated question, but ADM will take your part and strive to provide proof of negligence.
Defendants and insurers often try to blame the claimant, arguing that they weren’t watching where they were going or had the wrong kind of footwear. Our slip and fall injury lawyers are prepared for these defence arguments and will push back if you are unjustly blamed.
Common Types of Injuries Seen in Slip, Trip and Fall Cases
For more than 30 years, ADM has been a leader in Victorian personal injury claims. We have represented people who got seriously hurt because they slipped and fell or tripped and fell on someone else’s property. These injuries come in many different forms, but one thing is clear:
You need to prioritise your recovery. Arnold Dallas McPherson Injury Lawyers can focus on preparing your claim whilst your injuries become stable and guide you through the process of documenting permanent impairment.
Injuries that may arise from a slip and fall accident include:
- Head and brain injuries: Falling on your head can result in a concussion or traumatic brain injury (TBI), as well as fractures of the skull. TBIs may be accompanied by bleeding in the brain, post-traumatic headaches and other severe complications.
- Broken bones: Wrist fractures are extremely common due to the natural impulse to put your hands out and try to break the fall. You may also suffer fractures of the bones in the arms and ankles, as well as broken ribs. Older adults are especially vulnerable to broken hips and pelvic fractures.
- Soft tissue injuries: Muscles, ligaments and tendons may all be damaged in a slip and fall. Injuries can range from sprains to severe tearing of soft tissues.
- Joint injuries: The wrists, shoulders, knees, ankles and hips are all commonly injured in slipping and tripping accidents. Joint injuries can limit mobility and affect the ability to perform daily tasks.
- Neck and back injuries: Fall-related trauma can fracture vertebrae, damage soft tissue and cause the discs to herniate or bulge. In severe cases, the spinal cord may be damaged, potentially resulting in paralysis.
- Internal injuries: Falls can damage the liver, the spleen and other organs. They may also cause internal bleeding, which should be treated as a medical emergency.
- Psychological conditions: Anxiety and depression are common after a traumatic incident. If these feelings persist, it may be a sign of post-traumatic stress disorder (PTSD). Elderly people and disabled individuals may experience a fear of falling again, which can affect mobility and independence.
You may be entitled to compensation for non-economic loss (pain and suffering) if an injury or a combination of injuries is found to result in permanent impairment which is assessed as being a ‘significant injury’. An appointment with an independent examiner will be arranged by us, and a Certificate of Assessment will be issued if you are found to meet the threshold for significant injury.
Attending more medical appointments is probably the last thing you want to do. Fortunately, ADM can counsel you through this process and help you know what to expect. We listen and support you through difficult moments. Our team can also gather and organise information if the matter is referred to a Medical Panel.
Client Testimonials
At ADM, we are real people helping Victorians find justice. You don’t have to take our word for it; we have received hundreds of 5-star reviews from real clients who entrusted their legal matter to ADM. See for yourself what to expect from Arnold Dallas McPherson Injury Lawyers, both as solicitors and as human beings.
Michelle & R.
Kelsey and the team at ADM Bendigo were very understanding and caring in relation to our case. We were treated with respect and everything was done to get the best possible outcome under the circumstances. We would highly recommend.
Peter R.
My dealings with staff at ADMcP were at all times supportive, professional, and above all successful. They’re a great group and I recommend anyone to them for any industrial/workplace injury issues.
Milian T.
Thanks a lot Shaun and whole team, you done great job! Highly recommended this expert. All the best my friend!
Steps to Take If You’ve Been Injured in a Slip, Trip or Fall Accident
Falls are painful and disorienting. You may be able to stand back up on your own, or paramedics may need to attend the scene and evaluate your injuries. While your safety and wellbeing are the top priority, it is also important to protect your rights.
Our slip and fall injury lawyers urge you to do the following as soon as possible:
Step 1 — Seek medical treatment for your injuries
We encourage you to seek medical treatment at your GP or nearest hospital, regardless of the severity of your injuries. Call 000 if you require urgent medical treatment or emergency services at the accident scene.
We also advise that you keep records of all receipts for any treatments you’re receiving, as they may be required at a later date during your claims process. Information to collect or that will be collected from your medical provider includes:
| Treating provider | Information to collect |
| Ambulance Victoria Paramedic | Ask for the Ambulance Case Record (ACR) and incident details recorded by paramedics. |
| Hospital | Whether you were taken to hospital or went to emergency on your own, you should get the Hospital Discharge Summary. |
| GP (General Practitioner) | In addition to clinical notes, scans and other medical records, you should also ask for a Medical Certificate from your local GP if your injuries prevent you from working. |
| Allied Health Professional (Physiotherapist, Chiropractor, Psychologist, etc.) | Keep records of receipts paid to any allied health professionals who treat you for your injuries. You may also need their treatment notes. |
Step 2 — Record details of the accident
You will need to record two different types of details. First, you need a record of the incident and your injuries. Second, you need proof of your losses.
The information you need to gather after a slip and fall accident includes:
- Contact details of witnesses
- Other evidence pertaining to how the accident happened, such as photographs
- Record of any medical treatment that you needed
- If you have missed work, evidence of your lost earnings (such as payslips)
- Receipts for any other out-of-pocket expenses
Step 3 — Report the accident
You need to report the accident to the owner of the premises. This may be an individual, an organisation or the local council. Some entities will ask you to fill out an incident report. It’s good to have a written record, but don’t share any information that suggests you were at fault.
Step 4 — Seek legal advice
If the symptoms of your injury are persisting or you have lost income as a result of the injury, we recommend you seek legal advice as soon as possible.
Get in touch with us ASAP to get started on your slip and fall compensation claim. ADM is available 24/7, and it costs you nothing to talk to us.
Our public liability lawyers have unparalleled expertise, enabling us to provide honest insights about your claim. You will find a team that is made up of people who care — about you, about achieving justice and about winning your matter the right way.
Remember: You have three years from the date of injury to commence a common law claim.
The information that you will need to provide to your lawyer includes:
- Details of the accident (see Step 2 above)
- Contact details of your treaters, such as your GP, surgeon and/or physiotherapist
- If you have lodged an insurance claim already, your claim number
Step 5 — Lodge a claim
When you seek legal advice, your lawyer will guide you as to the evidence that will be needed in your specific circumstances. The evidence we usually need for slip and fall claims include:
- Medical records documenting your injuries
- Photographs of slipping and tripping hazards
- Video footage of the accident
- Statements from witnesses
- Bills and receipts for out-of-pocket medical costs
- Payslips and other documentation of lost earnings
- Written details of other effects, such as pain, emotional distress, etc.
What Compensation Can You Claim for a Slip and Fall Injury?
You may be entitled to several forms of compensation if you are injured in a slip and fall accident in Victoria. Damages that may be available in your claim include:
- Medical expenses: This includes the cost of treating your injury (ambulance transport, hospitalisation, surgery, doctor appointments, etc.) as well as ongoing support and services (physio and occupational therapy, counselling, at-home medical care, etc.).
- Lost income: You may be entitled to compensation for any earnings you’ve lost to date because your injury impacts your ability to work.
- Travel expenses: If you need to travel for medical care, you and your family can claim compensation for the costs involved in travelling and accommodation. As a statewide law firm, we know the importance of pursuing this compensation for clients in rural areas.
- Domestic assistance: Injuries from a fall can make it difficult to clean and maintain your home, look after children, etc. Compensation for domestic assistance can help pay for these costs.
- Home modification: Your home and/or vehicle may need to be modified if the injury causes permanent disability. Compensation from the liable party can help pay for necessary modifications.
- Pain and suffering: The principal form of non-economic loss, damages for pain and suffering help to make up for the physical pain and emotional trauma caused by a slip and fall injury.
- Loss of enjoyment of life: When calculating non-economic loss, it is also important to account for the effects of the injury on your ability to live independently, spend time with your family, socialise with friends and participate in hobbies and leisure activities.
- Future losses: The effects of slip and fall injuries may follow you for years or even the rest of your life. ADM can calculate future medical expenses, as well as the financial impact of reduced earning capacity.
All entitlements in slip and fall accident claims are based on negligence. You need to prove that someone else was at fault to recover fair compensation. If you are seeking non-economic damages, you also need to prove that your injuries have resulted in permanent impairment at the threshold level required by the Wrongs Act.
The process of making a claim on your own is difficult. Slip and fall accident lawyers at ADM help clients in Greater Bendigo, Metropolitan Melbourne and communities throughout Victoria make claims for injuries on dangerous premises.
With our ‘No Win, No Fee’ policy, you don’t pay anything upfront and only have to pay professional fees if we win your case.
Who Is Liable for a Slip and Fall Accident?
Liability can be a complex issue in slip and fall injury compensation claims. The property may be owned by one party but controlled by another. Depending on the circumstances, you may have claims against the owner, the occupier and/or a third party whose negligence contributed to the accident.
Solicitors at ADM review the evidence and consult expert witnesses to determine who is at fault and who is legally responsible for your injuries. Whether you have a claim against an individual, an organisation or the local council, public liability insurers will be involved.
Insurance companies typically try to pay less than you deserve. They may try to argue that you caused the accident or shift blame away from a covered occupier. Our slip and fall accident lawyers know these tactics, and we will be ready to push back and negotiate a fair settlement.
How Long Do Slip and Fall Claims Take to Settle?
Slip and fall settlements usually take between 12–24 months. A resolution may be reached sooner if the claim is relatively straightforward and you are only claiming damages for economic loss (medical expenses, lost earnings, etc.).
If you are claiming non-economic loss, it is generally best to wait for the injuries to stabilise. This allows for the degree of permanent impairment to be assessed accurately, giving the full picture of the injury’s impact.
Settlement negotiations can take time, especially if the insurer disputes liability. At ADM, we believe in keeping you informed and helping you make an informed decision whether to accept a settlement offer. This ensures that you understand all of the options available to you, whether that’s settling for the amount offered or going to Court.
Injured in a Slip and Fall? ADM Can Help!
You should do the following if you have been involved in a slip, trip and fall accident:
- Seek medical treatment
- Record details of the accident
- Report the accident to the owner of the premises
- Seek legal advice
- If appropriate, lodge a claim with the relevant insurer
Do not feel intimidated by legal expenses. ADM helps you with costs by offering:
- FREE first interview
- No charges for professional fees until you win
– We will discuss what this means in practice at our first interview. - Paying for medical reports, Court fees and other expenses
Our lawyers will discuss costs and answer your questions in detail at the initial consultation. You can count on us to clearly advise you of the total costs when you come to settle your claim. We pride ourselves on being as clear as possible regarding what you will receive in hand, after payment of costs, before you settle your case.
Contact Our Victoria Slip and Fall Injury Lawyers Today
Making a claim can be stressful and confusing. If you or a loved one has been involved in a slip and fall accident, do not hesitate to reach out to Arnold Dallas McPherson Injury Lawyers. Our dedicated team is ready to provide you with a FREE initial consultation to assess your case and discuss your legal options. Let us take the burden off your shoulders and champion your rights while you focus on your recovery.
Call ADM at 1800 242 588 for immediate assistance. We accept enquiries 24/7.
Our team has helped injured Victorians obtain compensation for more than 30 years. We bring unparalleled expertise to public liability claims and other personal injury matters in Melbourne, Bendigo and other communities. Experienced lawyers at ADM can guide you through the claims process, providing you with expert advice and assistance every step of the way.